Security Clearance Review Act
The Security Clearance Review Act would shift the authority to grant security clearances and determine access to classified information for political appointees and special government employees in the Executive Office of the President (EOP) to the FBI Director. Before any such individuals can be employed, detailed to, or assigned to the EOP, their employment must be clearly consistent with national security, and they must receive an FBI clearance or access determination. If the FBI denies, suspends, or revokes a clearance or access, the FBI must notify the President and Congress. If the President subsequently reverses or does not recognize the FBI decision, he must provide a written explanation to Congress within 30 days. The bill defines “political appointee” and “special government employee” using existing statutory definitions. In short, the bill centralizes the vetting of EOP political appointees and SEGs in the FBI and creates formal congressional notification and reporting requirements around any FBI determinations and presidential overrides.
Key Points
- 1Centralized determinations: The FBI Director becomes the sole authority to grant security clearances and access determinations for political appointees and special government employees in the Executive Office of the President.
- 2Employment prerequisites: No political appointee or SEG can be employed, detailed to, or assigned to the EOP unless such employment is clearly consistent with national security, and no one can access classified information without an FBI clearance or access determination.
- 3Notification to Congress and the President: If the FBI denies, suspends, or revokes a clearance or access, the FBI must inform the President and the relevant congressional committees on the date of the decision.
- 4Presidential response and reporting: If the President nullifies or reverses the FBI decision or otherwise fails to recognize it, the President must provide a written explanation to the Congress within 30 days.
- 5Definitions preserved: The bill uses existing definitions for “political appointee” (per the Kaufman-Leavitt Presidential Transitions Act) and “special government employee” (per 18 U.S.C. section 202).